Brief(1)
S.B. 284 would amend existing statutes related to orders and decisions of the Kansas Corporation Commission with respect to electric, telecommunications, and natural gas public utilities and common carriers. Specifically, the bill would permit Commission deliberations in closed meetings with advisory legal staff on Commission orders and decisions. However, no binding action could be taken in such meetings and the legal counsel could not advocate for, advise, or represent the Commission's technical staff in any matter pending before the Commission.
Background
S.B. 284 was supported by John Wine, Chairperson, Kansas Corporation Commission. According to Chairperson Wine, the bill would promote efficiency and make more effective use of the advisory legal staff's time. The Commission's advisory legal staff could meet with, and relay nonprivileged information to, all three Commissioners in closed meetings. Under existing law, the Commissioners are authorized to consult collectively with advisory legal staff provided that such communications are privileged (not involving policy). This is an exception to the Open Meetings Act presently extended to Commissioners. However, any preliminary policy analysis of issues in a Commission proceeding would be considered a nonprivileged communication not authorized under the Open Meetings Act. The proposed amendments would create a further exception to the Open Meetings Act by allowing advisory staff in a closed meeting to present a preliminary analysis of various policy issues to Commissioners before they issue an order or make a decision.
The Senate Committee's amendments were clarifying in nature.
The Division of the Budget's fiscal note indicated that, according to the Commission, administrative costs associated with the bill could be absorbed in the Commission's budget.
1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/bill_search.html.